DMH H.B. 1614 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1614
By: Wise
Licensing & Administrative Procedures
6/12/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the Texas Alcoholic Beverage Commission
could cancel certain permits if the permittee or licensee was not operating
primarily as a food establishment determined by alcohol sales in excess of
75 percent of gross receipts.  Lowering the threshold from 75 percent to 50
percent may help regulatory officials to better delineate bars from
restaurants.  House Bill 1614 decreases from 75 percent to 50 percent the
percentage used to determine the issuance of a food and beverage
certificate. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1614 amends the Alcoholic Beverage Code to decrease from 75
percent to 50 percent the percentage of gross receipts derived from the
sale of specified alcoholic beverages used as a criterion in determining
whether or not various license holders meet the requirements for a food and
beverage certificate. 

EFFECTIVE DATE

September 1, 2001.